JUDGES GIVE BANKS A GRILLING OVER HOME REPO PRACTICES

A full bench of the Johannesburg High Court sat last week to deliberate on how and when reserve prices should be applied before repossessed homes are sold at sheriffs’ auctions.

For several legal and human rights groups admitted as friends of the court, this is a pivotal case to decide whether the banks’ right to recover a loan supersedes constitutional protections to dignity and property.

Things did not go well for the banks, who were berated by the judges for arriving in court without proper paperwork, expecting the courts to grant judgments against clients who were behind on their mortgage payments. This follows a number of cases where homes were repossessed by banks [...]

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July 5, 2018

WHO GETS THE LAND?

The first day of public hearings on whether or not land should be expropriated without compensation, has yielded mixed reactions from those who came to make submissions.

The hearings kicked off in the Northern Cape town of Springbok on Tuesday and will also start in Limpopo on Wednesday.

Parliament’s Joint Constitutional Review Committee has been tasked to determine whether or not Section 25 of the Constitution should be amended.

According to Section 25 of the Constitution, property may be expropriated for a public purpose or in the public interest.

It also states that subject to compensation, the amount, time it takes and manner of payment, should [...]

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March 16, 2018

Tenants, listen up! We have some useful hints for you

No exit inspection, no rental deposit deduction, simple – but the refunding of rental deposits is a massive cause of conflict between tenants and landlords.

Here’s how it is supposed to work: tenants are made to pay a deposit, which is usually a month’s rent before they move in, to cover the landlord should they move out, still owing rent or if there is damage to the property.

The deposit has to be put in an interest-bearing account and then refunded with interest when the tenant moves out. That is if the property is in the same condition as it was when it was let out originally.

The Rental Housing Act is very specific about how that is documented. [...]

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